ONI Country Profi le
377
a section in the Freedom of Offi cial Information Law (passed in 1997) that addresses
protection of personal data kept in government fi les.
44
A draft data protection law has been in existence since 1996 but has yet to materialize. In the latest development, in October 2009, the Cabinet agreed in principle to
forward the draft law for Parliament reading.
45 The next step will be to appoint commissioners for the reading of the draft law. However, with other legislative priorities
and inherent political instability, the draft law was sidestepped and has not yet made
it to the legislative agenda.
Meanwhile, the new Cybercrime Law passed in 2007 has delegated full authority
to state offi cials in surveillance, censorship, and control of Internet information and
communication. For instance, Section 18 of this law authorized designated competent
offi cials to do the following:
• Summon an alleged party to appear, report to, or send documents, information, or
evidence.
• Request computer-based traffi c information and other information that concerns
Internet users from service providers and parties involved.
• Duplicate computer information and computer-based traffi c information.
• Decrypt, censor, and access computer systems, computer information, computerbased traffi c information, or equipment used to store computer information.
• Confi scate or “ freeze ” any computer system.
46
The 2007 Computer Crime Act required all service providers — ISPs, OSPs, Web masters,
Web moderators, and Internet caf é s — to keep a log fi le of their users including IP
addresses for 90 days.
47 This requirement necessitated setting up an identifi cation and
authentication clearance system for users as a condition for accessing the Internet — in
other words, a surveillance system operated by service providers.
Findings from a series of focus groups on surveillance and privacy conducted in
Bangkok found that there is a disparity with regard to public perception and knowledge of information privacy between different socioeconomic classes.
48 Those from
the upper socioeconomic strata are generally more concerned with privacy rights and
threats from personal data collection and use, and possess a greater understanding of
information privacy, while those from a lower socioeconomic background tend to be
less concerned with surveillance practices because they do not see privacy as being a
part of their basic needs; rather, they are more concerned with making ends meet. The
latter were also found to be less likely to challenge surveillance practices because they
have less knowledge of surveillance technologies and a feeling of general powerlessness vis- à -vis the state.
49
In recent years, new Internet applications such as social networking Web sites
have emerged as popular communication tools among the younger generations in
Thailand. Parallel to the emergence of such applications is the rise of new privacy
377
a section in the Freedom of Offi cial Information Law (passed in 1997) that addresses
protection of personal data kept in government fi les.
44
A draft data protection law has been in existence since 1996 but has yet to materialize. In the latest development, in October 2009, the Cabinet agreed in principle to
forward the draft law for Parliament reading.
45 The next step will be to appoint commissioners for the reading of the draft law. However, with other legislative priorities
and inherent political instability, the draft law was sidestepped and has not yet made
it to the legislative agenda.
Meanwhile, the new Cybercrime Law passed in 2007 has delegated full authority
to state offi cials in surveillance, censorship, and control of Internet information and
communication. For instance, Section 18 of this law authorized designated competent
offi cials to do the following:
• Summon an alleged party to appear, report to, or send documents, information, or
evidence.
• Request computer-based traffi c information and other information that concerns
Internet users from service providers and parties involved.
• Duplicate computer information and computer-based traffi c information.
• Decrypt, censor, and access computer systems, computer information, computerbased traffi c information, or equipment used to store computer information.
• Confi scate or “ freeze ” any computer system.
46
The 2007 Computer Crime Act required all service providers — ISPs, OSPs, Web masters,
Web moderators, and Internet caf é s — to keep a log fi le of their users including IP
addresses for 90 days.
47 This requirement necessitated setting up an identifi cation and
authentication clearance system for users as a condition for accessing the Internet — in
other words, a surveillance system operated by service providers.
Findings from a series of focus groups on surveillance and privacy conducted in
Bangkok found that there is a disparity with regard to public perception and knowledge of information privacy between different socioeconomic classes.
48 Those from
the upper socioeconomic strata are generally more concerned with privacy rights and
threats from personal data collection and use, and possess a greater understanding of
information privacy, while those from a lower socioeconomic background tend to be
less concerned with surveillance practices because they do not see privacy as being a
part of their basic needs; rather, they are more concerned with making ends meet. The
latter were also found to be less likely to challenge surveillance practices because they
have less knowledge of surveillance technologies and a feeling of general powerlessness vis- à -vis the state.
49
In recent years, new Internet applications such as social networking Web sites
have emerged as popular communication tools among the younger generations in
Thailand. Parallel to the emergence of such applications is the rise of new privacy